Prince Yaya Adigun & Ors V. The Governor Of Osun State & Ors (1995)

LAWGLOBAL HUB Lead Judgment Report

UWAIS, J.S.C. 

The facts of this case are inextricably interwoven with those of Adigun & 2 Ors. v. The Attorney-General of Oyo State & 18 Ors., (1987) 1 NWLR (Pt. 53) 678 and Adigun & 2 Ors. v. The Attorney-General /of Oyo State & 18 Ors. (No.2), (1987) 2 NWLR (Pt. 56) 197; both of which were decided by this court as a full court, (Obaseki, Eso, Nnamani, Coker, Karibi-Whyte, Kawu and Oputa, J.J.S.C.): The narration of the facts may be follows.

By the Iwo Local Government (Appointment of Chieftaincy Committee) Order, 1978, Oyo State Legal Notice No. 30 of 1978, members of the Chieftaincy Committee of Iwo Local Government were appointed with effect from the 3rd day of May, 1978. The Committee which was vested with the powers to discharge the duties conferred on such a committee by the Chiefs Law, Cap. 19 of the Laws of Western Nigeria, 1959 (now Cap. 21 of the Laws of Oyo State, 1978, applicable to Osun State), consisted of the holders of the following chieftaincy titles –

1. Oluwo of Iwo as Chairman
2. Bale of Ile-Igbo
3. Bale of Oluponna
4. Bale of Kuta
5. Bale of Ikonifin
6. Bale of Ogbagba

Thereafter steps were taken by the Government of Oyo State to ascertain the customary law governing the appointment of the Oluwo of Iwo in Iwo Town. The Chieftaincy Committee made a Declaration of the appropriate customary law on the 4th day of January, 1979, which was approved on the 17th day of July, 1979 by the then Military Administrator of Oyo State and was registered on the 19th day of July, 1979. In the Declaration, only one Ruling House, namely that of Ogunmakinde was identified and declared as being in existence. This provoked a spate of protest and petitions which were sent to the office of the Governor of the State. As a result, the Government of Oyo State appointed one Dr. Agiri as sole Commissioner, to carry out discreet investigation into the chieftaincy and present a report for the consideration of the Government. The assignment was carried out. On the Report being submitted to the Government a new Declaration of the customary law regulating the selection to the Oluwo of Iwo Chieftaincy (Exhibit P2)was made by the Governor of the State under S. 19A of the Chieftaincy Law, Cap. 19. The Declaration was signed by the Governor of Oyo State on the 28th day of July, 1981. It was registered on the following day – the 29th day of July, 1981.

Three Ruling Houses were identified in the Declaration. These are –

1. Alawusa
2. Adagunodo
3. Gbase

The Ruling House of Ogunmakinde Ande was not included in the Declaration on the ground that the family of Ogunmakinde Ande is a branch of Alawusa Ruling House. On this account, the Appellants herein decided to challenge the Declaration in court. They filed, an action in the High Court of Oyo State, holden at Oshogbo.

They endorsed the writ of summons with the following claims –

“The plaintiffs claim against the defendants jointly and severally:-

(1) a declaration that (under) the customary law prevailing in Iwo, the Ogunmakinde Ande Ruling House is the only Ruling House from which appointment to the Oluwo of Iwo Chieftaincy is to be made.

(2) a declaration that the instrument dated the 28th day of July, 1981 is in so far as it purports to declare the customary law prevailing in Iwo with respect to the Oluwo of Iwo chieftaincy, is wrong and accordingly illegal and void.

(3) an injunction restraining all servants, officers and agents of the Government of Oyo State or the Iwo Central Local Government from acting pursuant to or taking any steps to implement the aforesaid declaration registered on the 29th July, 1981.”

The case was decided by the High Court. It went to the Court of Appeal and eventually came to this Court as Suit No. Sc. 98/1986. It is the judgment of this Court in the case that is reported in (1987) 1 NWLR (Pt. 53) 678. In the lead judgment of the court, Obaseki J.S.C. with whom all the justices of the full court agreed, concluded thus:-

“The appeal succeeds on the dismissal of claim No. (2) but fails in respect of the dismissal of claims (1). It is desirable that the appellants, i.e. Ogunmakinde Ruling House along with others be heard in an inquiry to ascertain the relevant customary law. The decision of the Court of Appeal is hereby set aside and in its stead. I hereby order that –

(1) Claim 1 be dismissed; Ogunmakinde Ande has not been proved to be the only Ruling House at Iwo from which Oluwo of Iwo is appointed under the customary law of Iwo.